16 June 2006
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[Federal Register: June 16, 2006 (Volume 71, Number 116)]
[Notices]
[Page 34967-34968]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn06-148]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-574]
In the Matter of Certain Equipment for Telecommunications or Data
Communications Networks, Including Routers, Switches, and Hubs, and
Components Thereof; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on May 15, 2006, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Telcordia Technologies, Inc. of Piscataway, New Jersey. An amended
complaint was filed on June 5, 2006. The complaint as amended alleges
violations of section 337 in the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain equipment for telecommunications or data
communications networks, including routers, switches, and hubs, and
components thereof, by reason of infringement of claims 1, 3, and 4 of
U.S. Patent No. 4,893,306, claims 1, 3, 5, 8, 11, and 33 of U.S. Patent
No. Re. 36,633, and claims 1, 2, 7, and 8 of U.S. Patent No. 4,835,763.
The amended complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a permanent limited
exclusion order and permanent cease and desist orders.
ADDRESSES: The amended complaint, except for any confidential
information contained therein, is available for inspection during
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade Commission, 500 E Street, SW., Room
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
202-205-2000. General information concerning the Commission may also be
obtained by accessing its Internet server at http://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Steven R. Pedersen, Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2781.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2005).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on June 9, 2006, ordered
that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain equipment
for telecommunications or data communications networks, including
routers, switches, and hubs, or components thereof, by reason of
infringement of one or more of claims 1, 3, and 4 of U.S. Patent No.
4,893,306, claims 1, 3, 5, 8, 11, and 33 of U.S. Patent No. Re. 36,633,
and claims 1, 2, 7, and 8 of U.S. Patent No. 4,835,763, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--Telcordia Technologies, Inc., One Telcordia
Drive, Piscataway, New Jersey 08854.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
[[Page 34968]]
Cisco Systems, Inc., 170 West Tasman Drive, San Jose, California 95134.
Lucent Technologies, Inc., 600 Mountain Avenue, Murray Hill, New Jersey
07974.
Alcatel S.A., 54, rue La Bo[eacute]tie, 75008, Paris, France.
Alcatel USA, Inc., 3400 W. Plano Parkway, Plano, Texas 75075.
PMC-Sierra, Inc., 3975 Freedom Circle, Santa Clara, CA 95054.
(c) The Commission investigative attorney, party to this
investigation, is Steven R. Pedersen, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Robert L.
Barton, Jr. is designated as the presiding administrative law judge.
Responses to the amended complaint and the notice of investigation
must be submitted by the named respondents in accordance with Sec.
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR
210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will
be considered by the Commission if received not later than 20 days
after the date of service by the Commission of the amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended complaint and the notice of investigation will
not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended complaint and this notice, and to authorize the
administrative law judge and the Commission, without further notice to
the respondent, to find the facts to be as alleged in the amended
complaint and this notice and to enter an initial determination and a
final determination containing such findings, and may result in the
issuance of a limited exclusion order or cease and desist order or both
directed against the respondent.
Issued: June 9, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-9416 Filed 6-15-06; 8:45 am]
BILLING CODE 7020-02-P